Delegates’ List: Court Stops INEC from Recognising Obaseki’s Faction

* Declares Dan Orbih’s camp authentic

 *Edo PDP calls for calm over court ruling 
Alex Enumah in Abuja

Justice Inyang Ekwo of the Federal High Court, Abuja, yesterday made an order restraining the Independent National Electoral Commission (INEC) from recognising or accepting the list of ad-hoc delegates produced by the Governor Godwin Obaseki-led faction of the Peoples Democratic Party (PDP) for Edo State.

Ekwo declared the ad-hoc delegates produced by the Dan Orbih faction of the party as the authentic delegates that must be recognised and accepted.

Edo State chapter of PDP pleaded for calm among members of the party after the court ruling.
The judge made the declaration while delivering judgement in a suit instituted by 581 delegates elected on April 30.
Ekwo, in the judgement, held that PDP and other defendants in the suit were bound by Section 84 (5) of the Electoral Act, 2022 as well as Section 15 of the PDP constitution relating to delegates elections.

The 581 delegates instituted the suit marked FHC/Abj/ CS/598/2022 through their five representatives – Hon. Monday Osagie, Hon. Reuben Ekhosuehi, Hon. Adeyanba Osaro, Hon. Magdalene Osawe, and Hon. Imariabe Oghogho.

The PDP, Dr. Iyorchia Ayu, Senator Samuel Anyanwu, Umar Bature, and INEC were listed as 1st to 5th defendants, respectively.

The reliefs sought by the plaintiffs in the suit, argued by Dr. John Musa, included a determination whether the PDP in view of Section 84 (5) of the Electoral Act, 2022, and Section 15 of the PDP constitution could jettison their election monitored by INEC for another one conducted in violation of the provisions of the relevant laws.

Another issue for which they sought determination was whether the defendants could on their own jettison the authentic delegates for others whose purported election was unknown to any law.

In his judgement, Ekwo, after scrutinising the documentary evidence, including the report of INEC on its monitoring of the April 30 delegates election, agreed with the plaintiffs that they were validly and legally elected as authentic ad-hoc delegates for Edo State chapter of the PDP.

The court held that the role of INEC in primary elections, congress and convention monitoring was statutory and constitutional and must, therefore, be strictly adhered to by all political parties.
The court said going against the elections of the plaintiffs would amount to brazen violation of unambiguous laws, an action, which no court must allow to stand.

Ekwo, therefore, issued an order of injunction against the 1st to 4th defendants, restraining them from tampering with the plaintiffs’ list, having been duly elected in the congress of the party held on April 30.
The court also issued an order of perpetual injunctions against the 1st to 4th defendants stopping them from conducting any other congress with the purpose of replacing the plaintiffs.

Ekwo issued a mandatory order of injunction against INEC stopping it from recognising or accepting any delegates’ list other than the one produced by PDP’s congress of April 30 where the plaintiffs emerged as ad-hoc delegates.
The plaintiffs were elected from 18 local government areas of the state for the purpose of electing national delegates for the House of Assembly, House of Representatives, and senatorial elections.

Meanwhile, the Edo State chapter of PDP urged calm by members of the party following the ruling.
In a statement, the chairman of PDP in the state, Dr. Anthony Aziegbemi, urged delegates who emerged from the congresses to remain calm, as the party had appealed the judgement at the appellate court.

Aziegbemi said, “Our attention has been drawn to an Abuja High Court ruling regarding the conduct of the Edo State PDP congresses.
“We call on all candidates that emerged from the exercise to remain calm as the party has appealed the judgement at the appellate court.”

Aziegbemi also stated, “We are certain that the exercise was conducted in line with laid down procedures and guidelines of our great party and are confident that these would be duly acknowledged by the higher court.”